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SAN DIEGO (KGTV) -- A San Diego man convicted of murder will be a free man, decades before his scheduled release.Donnell Fulcher’s conviction for a Barrio Logan murder in 2006 was overturned due to changes in DNA standards, said Deputy District Attorney Hector Jimenez.On Tuesday, Fulcher pleaded guilty to voluntary manslaughter and assault with a firearm rather than go through a third trial. The judge sentenced Fulcher to 14 years, but he received credit for time he already served.Because of that, Fulcher will be released from custody tonight or tomorrow. This result comes after the San Diego County District Attorney’s Conviction Review Unit took a second look at cases involving DNA mixtures, meaning more than one DNA source is found in a sample. Fulcher’s case relied heavily on this type of evidence.The top forensic science group that analyzes DNA released guidelines that are now more conservative, which affected Fulcher’s case. Earlier this year, the District Attorney’s office agreed to give Fulcher a new trial.“We still believe that we have the right guy, but we lost confidence in the conviction so we wanted to give the defendant a chance to have a new trial if he wanted. He chose to plead guilty instead, so at the end of the day, I believe justice was done,” Jimenez said. Fulcher has always maintained his innocence.“I don’t think you can put any limit on the happiness that going free can have for someone who’s serving a life sentence. He is very, very happy. His family is very happy. This is really a joyous moment for all of them,” said Fulcher’s defense attorney Knut Johnson.This would have been Fulcher’s third trial. His first trial ended in a mistrial. 1695

SAN DIEGO (KGTV) — A local whale watcher captured a rare sight off the coast of San Diego this week.A blue whale and its calf were captured on drone video by photographer Domenic Biagini Wednesday about 12 miles off the coast of Mission Beach.The beautiful sight isn't something many videographers have the chance to see, Biagini told 10News.RELATED: Thar she blows! Where to whale watch in San Diego — by land or sea"This kind of footage of a blue whale calf pretty much doesn’t exist. It’s me and the Our Planet documentary people that have ever captured something like this. That’s about it," he said.The large animals generally follow the path of krill in coastal waters, Biagini said. If there's an abundance of krill the whales will spend nearly the entire summer close by, making for some excellent whale-watching opportunities."Last few years they haven’t stayed past the end of July because our water gets so warm that it’s not conducive to krill production," Biagini said.RELATED: Set sail in San Diego: 6 booze cruises you'll want to tryBut even with the footage, we still know little about the mating and breeding habits of blue whales, Biagini added."We have an idea where some of the animals are going to give birth, but that’s only a select few, and still doesn’t include any concrete evidence," he said. "There’s only a handful of people in the world to have filmed a baby blue with any kind of professional equipment. And an even smaller few to film something as intimate as I just did in what has to be some of the calmest conditions imaginable." 1572

SAN DIEGO (KGTV) — A local retiree is back home and recounting how a trip of a lifetime turned into a painful nightmare during a ride on a tour bus in Africa.Three weeks later, the pain remains constant. But Jeannette Craig, 68, is grateful."Just so glad to be back home," said Craig, from her hospital bed at Kaiser Permanente San Diego Medical Center.After saving up for more than a year, the Santee woman set out on her dream vacation to southern Africa in September. She was on a tour bus headed to an elephant preserve in the country of Lesotho when the bus overturned, killing three and injuring the 12 others on board.RELATED: San Diego retiree injured in African tour bus tragedy"I was in shock. Things flying everywhere, people screaming. I was screaming, because I was hanging upside down. The guide couldn't unlatch me out of the seat belt, so he pulled me out and I dropped 4 feet," said Craig.Wearing that seatbelt, a habit of hers, saved her life. She says she'll never forget the grim sight of the injured mixed with the dead, as she was transported by helicopter to a clinic, then taken to another in South Africa.She was diagnosed with a fractured pelvis, a shattered leg and torn ligaments, and broken ribs.After her trip insurance initially refused to cover a medical flight home, her family got involved and eventually, the insurance covered the flight. Craig arrived a few days ago.At Kaiser Permanente, doctors would diagnose additional injuries, including blood clots in her leg and lung, and broken bones in her spine and chest.Craig faces a long difficult recovery. The adventuresome retiree is ready to face it."I look forward to physical therapy, I hope within a year, I'll be hiking," said Craig.That recovery will be a long one. A Gofundme campaign has been set up to help with the rehabilitation costs. 1845

SAN DIEGO (KGTV) — A proposal to create a police oversight commission in San Diego took a step forward Tuesday.The San Diego City Council voted unanimously to begin meeting with the San Diego Police Officers Association, a key legal step along the path to the November ballot.A group called Women Occupy San Diego has been pushing for years to change the city's current Community Review Board on Police Practices, which a 2018 Grand Jury report concluded lacked oversight. That Grand Jury noted the community review board does not have subpoena power and that San Diego Police personnel can sit in on what are supposed to be closed-door deliberations."It's not independent of the mayor, it does not have its own investigative powers," Attorney Genevieve Jones-Wright said at a rally outside City Hall before the Tuesday vote. "The concern from the community is that it is just a rubber stamp of what police officers have already determined in their own investigations."RELATED: Transparency Project focuses on police files regarding officer-involved shootings and misconduct allegationsThe proposed independent commission would investigate all deaths occurring while a person is in police custody, all deaths resulting from interactions with a San Diego police officer, and all officer-related shootings. It would have subpoena power and its own legal representation. "One of the things that's most disturbing about the current CRB is that it is required to have as its attorney the City Attorney. And the City Attorney is the same attorney for the police department," said Andrea St. Julian, who authored the proposal submitted to the city. The meet-and-confer with the union is expected to happen in time for the November election. Jack Schaeffer, who heads the association, welcomed the talks. "We're going to make sure that the way that they're planning on rolling this thing out isn't going to interfere in our ability to investigate a crime scene, and then how we interact and things like that," he said. "It's going to be really important to figure that out during meet-and-confer."In a statement, Police Chief David Nisleit said the department will work with civilian oversight in any manner approved by the voters. The city's independent business analyst said the commission could cost between .1 million and .3 million per year, depending on staffing. Proponents say that is in line with other cities with similar commissions. 2450

SAN DIEGO (KGTV) -- A hero’s homecoming 75 years in the making. Wednesday, a World War II Marine killed in action was laid to rest at Miramar National Cemetery. "To all my fellow marines who gave their all the world is free because of you, God rest your soul."Up until now Nancy Lee lived a lifetime of not knowing - not knowing her older brother Staff Sergeant Wesley Kroenung, and not knowing what happened to him at war. "You can only imagine the sacrifice they made that day."Kroenung was a combat cameraman, just 25 years old when he died during the Battle of Tarawa, moments after landing. His remains left on the island, listed as unknown… leaving an irreparable wound for his father and family back home."He was never the same, I never knew him as a happy man. I know every family affected like this feels like this."But decades later Lee held onto hope for answers, submitting a DNA sample to the military. Not long after, the answers came in a phone call. "When I got that call, I'm so thankful and think of every family, the sis happening all over, every family now knowing the truth, and it means a whole lot."And now a proper homecoming for his final resting place. "Complete strangers, they don't know anyone in the family, they just know he served his country, he died and is being brought home, it's as if it were yesterday.""Finally having him here home with us during my moms lifetime is just really a miracle, unbelievable."After a lifetime of not knowing, this moment was well worth the wait. 1521